A recently issued opinion by the Court of Appeal, Fifth Appellate District tells a cautionary tale regarding a lender’s failure to name a junior lienholder in its initial judicial foreclosure action.
In Cathleen Robin v....more
On August 31, 2020, California Governor Gavin Newsom signed into law AB 3088 (the "Bill"), extending a statewide stoppage of evictions for unpaid rent due to the COVID-19 pandemic and granting protection from foreclosure to...more
9/3/2020
/ California ,
Coronavirus/COVID-19 ,
Damages ,
Eviction ,
Extreme Hardship ,
Forbearance Agreements ,
Foreclosure ,
Governor Newsom ,
Injunctive Relief ,
Landlords ,
New Legislation ,
Residential Leases ,
Restitution ,
Tenants
The California Judicial Council’s emergency rules staying evictions and judicial foreclosures are coming to an end.
On March 27, 2020, the Governor of California issued executive order N-38-20, giving the Judicial Council...more
8/21/2020
/ Coronavirus/COVID-19 ,
Emergency Rule ,
Eviction ,
Executive Orders ,
Foreclosure ,
Judicial Council Rules ,
Judicial Foreclosure Process ,
Local Ordinance ,
Moratorium ,
State and Local Government ,
State of Emergency ,
Statute of Limitations ,
Stays ,
Unlawful Detainer
In reversing summary judgment for defendants, the California Fourth District Court of Appeal recently held that homeowners suing their real estate broker for negligence did not need an expert witness to establish the elements...more
5/16/2019
/ Appeals ,
Arbitration ,
Arbitration Awards ,
Breach of Duty ,
Collateral Estoppel ,
Expert Testimony ,
Expert Witness ,
Failure To Disclose ,
Fiduciary Duty ,
Professional Negligence ,
Real Estate Brokers ,
Standard of Care ,
Summary Judgment
On March 21, 2018, South Dakota became the 49th state to enact a breach notification law, leaving Alabama as the sole U.S. state without one. The South Dakota law will take effect on July 1, 2018. Here is a summary of several...more
The California court of appeal recently issued an unpublished decision in Knispel v. Shore, 2017 WL 2492535, affirming a judgment confirming an arbitration award in a real estate dispute involving Pauly Shore. The court of...more
On the eve of Valentine’s Day, the FBI issued a timely warning about the rise of “Romance Scams.” This type of Internet crime typically targets older widowed or divorced women. While these women are typically computer...more
You’ve successfully foreclosed on a commercial building in California, and, thankfully, the borrower moved out after foreclosure or after a period of tenancy. But the borrower left behind all sorts of property – furniture,...more
On August 31st and September 7th, 2016, the Federal Trade Commission (FTC) provided guidance regarding cybersecurity standards, which companies should consider when assessing their current data security posture....more
9/12/2016
/ Cyber Attacks ,
Cybersecurity ,
Cybersecurity Framework ,
Data Protection ,
Data Security ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Hackers ,
NIST ,
Obama Administration ,
Presidential Directives ,
Ransomware ,
Risk Management
Several new California procedural rules went into effect on January 1, 2016. While we are several months into the new year, litigators may need a reminder of these new rules. The list below summarizes several of the notable...more
A general waiver by a guarantor of “all defenses” does not actually waive “all defenses.” California Bank & Trust v. Del Ponti, — Cal.Rptr.3d —, 2014 WL 6908141 (Cal.App. 4 Dist.). That was the holding in a recent opinion...more
For parties to litigate a contract dispute in a court of law, the parties’ disagreement must have ripened into an actual controversy presenting more than a mere academic difference of opinion. But under a recent California...more
In an opinion published in September 2014, entitled Moorefield Construction, Inc. v. Intervest Mortgage Investment Company, et al., D065464, the California Court of Appeal held an original contractor can contractually waive...more